Article 1: In order to maintain the order of trademark agency and protect the legitimate rights and interests of clients and trademark agency organizations, in accordance with the "Trademark Law of the People's Republic of China" and the "Trademark Law of the People's Republic of China" Implementing Regulations" and formulating these Measures. Article 2 The term “trademark agency” as mentioned in these Measures refers to a trademark agency organization that accepts the entrustment of the client and handles trademark registration applications and other related trademark matters in the name of the client.
The term “trademark agency organization” as mentioned in these Measures refers to a legal service organization that accepts the entrustment of the client and handles trademark registration applications or other trademark matters in the name of the client.
Trademark agents as mentioned in these Measures refer to staff members practicing in trademark agency organizations. Article 3 The administrative department for industry and commerce of the State Council shall manage and supervise the agency activities of national trademark agency organizations and trademark agents in accordance with the law.
The industrial and commercial administrative departments at or above the county level shall manage and supervise the trademark agency organizations and the agency behavior of trademark agents in their respective jurisdictions in accordance with the law. Article 4 To apply for the establishment of a trademark agency organization, the applicant shall apply for registration with the local industrial and commercial administration department at or above the county level and obtain an "Enterprise Legal Person Business License" or "Business License". Article 5: Trademark agency organizations shall not entrust other units and individuals to engage in trademark agency activities, and shall not provide any convenience for engaging in the above activities. Article 6 A trademark agency organization may accept the entrustment of the client and designate a trademark agent to handle the following agency services:
(1) Agent for trademark registration applications, changes, renewals, transfers, objections, cancellations, reviews, and infringements Complaints and other related matters;
(2) Provide trademark legal consultation and serve as trademark legal advisor;
(3) Act as an agent for other trademark-related matters.
Trademark registration applications and other documents handled by a trademark agent must be signed by the trademark agent and stamped with the seal of the trademark agency organization. Article 7: Trademark agency organizations shall not accept entrustment from both parties in the same trademark case. Article 8 Trademark agents shall abide by the law, abide by professional ethics and professional disciplines, conduct trademark agency business in accordance with the law, provide clients with good trademark agency services in a timely and accurate manner, and conscientiously safeguard the legitimate rights and interests of clients. Article 9 A trademark agent shall meet the following conditions:
(1) Have full capacity for civil conduct;
(2) Be familiar with the Trademark Law and relevant laws and regulations, and have the ability to be a trademark agent Professional knowledge;
(3) Practicing in a trademark agency organization. Article 10 A trademark agent shall not practice in more than two trademark agency organizations at the same time. Article 11 Trademark agents shall keep business secrets for their clients and shall not disclose undisclosed agency matters to other institutions or individuals without the consent of the client. Article 12 A trademark agent shall refuse to accept the entrustment if he knows that the entrustment of the client is done in bad faith or that the act violates national laws or is fraudulent. Article 13 If a trademark agency organization commits any of the following acts, the administrative department for industry and commerce at or above the county level where it is located or where the act occurs shall give a warning or impose a fine of not more than 10,000 yuan; if there are illegal gains, a fine of not more than three times the amount of illegal gains shall be imposed. However, the maximum fine shall not exceed 30,000 yuan:
(1) Collusion with a third party to damage the legitimate rights and interests of the client;
(2) Violation of Articles 5 and 7 of these Measures Article 1;
(3) Harm the interests of the state and the public or the legitimate rights and interests of other agency organizations;
(4) Engage in other illegal activities. Article 14 If a trademark agent commits any of the following acts, the administrative department for industry and commerce at or above the county level in the place where the agent is located or where the act occurs shall give a warning or impose a fine of not more than 10,000 yuan:
(1) Accepting an entrustment privately , charging fees from the client and accepting property from the client;
(2) Concealing facts and providing false evidence, or threatening or inducing others to conceal facts and provide false evidence;
(3) Violation of the provisions of Articles 10, 11 and 12 of these Measures;
(4) Other illegal acts.
Article 15 Organizations that engage in trademark agency activities without being registered by the industrial and commercial administrative department or that obtain registration by deceptive means shall be punished by the local industrial and commercial administrative department at or above the county level in accordance with the laws and regulations on enterprise registration management. Article 16 If a punished trademark agency organization or trademark agent is dissatisfied with the administrative penalty imposed by the industrial and commercial administration department, they may apply for reconsideration in accordance with the provisions of the Administrative Reconsideration Law; they may also directly file a lawsuit with the People's Court in accordance with the law. Article 17 The State Administration for Industry and Commerce is responsible for the interpretation of these Measures. Article 18 These Measures shall come into effect from the date of promulgation.